County Management Act, 1940

Transfer of functions from the councils to the corporations of boroughs.

33.—(1) Immediately upon the commencement of this Act all the powers, functions and duties of every council of a borough (other than the borough of Dun Laoghaire) shall become and be transferred by virtue of this section to the corporation of such borough and shall thenceforward be powers, functions and duties of such corporation.

(2) All real and personal property (including choses-in-action) which is, immediately before the commencement of this Act, vested in the council of a borough (other than the borough of Dun Laoghaire) shall, by virtue of this section and without more, become and be transferred to and vested in the corporation of such borough immediately upon such commencement.

(3) The law in force at the passing of this Act in relation to councils of boroughs or the council of any particular borough shall, in so far as it is not inconsistent with this Act, apply to corporations of boroughs or the corporation of such particular borough (as the case may be), and for that purpose every corporation of a borough shall be deemed to be the council of such borough.

(4) The reserved functions of an elective body which is the corporation of a borough shall be exercised and performed for and on behalf of such corporation by the council of such borough.

(5) The following provisions shall have effect in respect of every elective body which is the corporation of a borough, that is to say:—

(a) every obligation imposed by this Act on the manager for an elective body to furnish information or statements or to give advice or assistance to such elective body shall be performed in relation to the council of such borough;

(b) references to meetings of an elective body shall be construed and have effect as references to meetings of the council of such borough;

(c) references to the chairman of an elective body shall (except in the case of the borough of Dun Laoghaire) be construed and have effect as references to the mayor of such borough.